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Personal Injury Blog

  • Partner Joseph Cammarata Wins Appeal in D.C. Court of Appeals

    Posted By chaikinandsherman || 7-Nov-2008

    Our client was stopped at a light and rear-ended by a car driven by Mr. Clemencia. Our client suffered an injury to her neck. Efforts to resolve our client's claim without the need to file a lawsuit were unsuccessful resulting in Partner Joseph Cammarata and the law firm filing a law suit against Mr. Clemencia in the D.C. Superior Court . After Mr. Clemencia was served with the Complaint, Mr. Clemencia did not timely file an answer to the Complaint. The Court them entered an Order of Default against Mr. Clemencia for his failure to timely answer the Complaint. Mr. Clemencia, through his lawyer from State Farm , made at least two attempts to overturn the default. Mr. Cammarata resisted these attempts and the Court agreed with Mr. Cammarata that the default should not be overturned.

    A hearing was later held to determine the amount of our client's damages. The Court, after hearing testimony from our client, her neurologist, and an economist, awarded our client $230,000. The amount of insurance available was $100,000. Mr. Clemencia, through his State Farm attorney, sought to overturn the Court's damages award. The Court denied the request.

    Mr. Clemencia appealed the case to the D.C. Court of Appeals arguing that the Court improperly held Mr. Clemencia in default.

    At the D.C. Court of Appeals, the law firm filed a memorandum of law on behalf of our client and appeared at a hearing to present argument in our client's favor. After reviewing the law and listening to oral argument in the matter, the D.C. Court of Appeals ruled in favor of our client stating that the lower court properly found Mr. Clemencia to be in default.

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